PO Box 7820 Canberra BC ACT 2610
3 July 2024
Our reference: LEX 79924
Frank N Fearless
via Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Frank N Fearless
Decision on your Freedom of Information Request
I refer to your request received by Services Australia (the Agency) on 3 June 2024 for access
under the
Freedom of Information Act 1982 (the FOI Act) to the following documents:
I seek the Agency's report on implementing the Robodebt Royal Commission
Recommendations which was provided to the Priority and Delivery Committee of
Cabinet in May.
As has been officially disclosed by the Agency, the Royal Commission Response
Branch was formally tasked with reporting on tracking and progress of
recommendations, identification of risks and costs.
My decision
I have decided to refuse your request for access under section 24A of the FOI Act on the basis
that all reasonable steps have been taken to locate the document you have requested and I
am satisfied it does not exist.
Please
Attachment A to this letter for the reasons for my decision.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. There are two ways you
can do this. You can ask for an internal review from within the Agency, or an external review
by the Office of the Australian Information Commissioner. You do not have to pay for a review
of the decision. See
Attachment B for more information about how to request a review.
Further assistance
If you have any questions please email xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Philippa
Authorised FOI Decision Maker
Freedom of Information Team
FOI and Reviews Branch | Legal Services Division
Services Australia
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PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
Your request was made in the following terms:
I seek the Agency's report on implementing the Robodebt Royal Commission
Recommendations which was provided to the Priority and Delivery Committee of
Cabinet in May.
As has been officially disclosed by the Agency, the Royal Commission Response
Branch was formally tasked with reporting on tracking and progress of
recommendations, identification of risks and costs.
On 5 June 2024, the Agency acknowledged your FOI request and confirmed that a decision
on your request was due on 3 July 2024.
What I took into account
In reaching my decision I took into account:
• your request dated 3 June 2024
• searches undertaken to locate the requested document
• consultations with Agency officers about:
o the nature of the document you sought
o the Agency's operating environment and functions
• consultation with the Department of Prime Minister and Cabinet (PMC)
• guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the Guidelines), and
• the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
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The Royal Commission Response Branch conducted searches of the Agency’s electronic and
paper files. Noting your request sought access to a document provided to the Priority and
Delivery Committee of Cabinet in May, I also undertook consultation with the Department of
Prime Minster and Cabinet.
The Royal Commission Response Branch conducts the strategic coordination of the agency’s
implementation of the Government’s response to the recommendations of the Royal
Commission into the Robodebt Scheme. They are responsible for managing the coordination
of the agency’s implementation of the recommendations.
The Department of Prime Minister and Cabinet is responsible for development of Cabinet
processes, and provides supports to Cabinet committees. I consider it was appropriate to
consult the Royal Commission Response Branch and the Department of Prime Minister and
Cabinet to locate any document that would fall within the scope of your request.
No documents responsive to your request were located.
On the basis of these searches, I am satisfied that in accordance with section 24A of the FOI
Act:
1. all reasonable steps have been taken to find the document, and
2. the document does not exist.
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PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (FOI Act) gives
you the right to apply for a review of the decision. Under sections 54 and 54L of the FOI Act,
you can apply for a review of an FOI decision by:
1. an Internal Review Officer in the Agency, and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Agency delegate who made
the original decision will carry out the review. The Internal Review Officer will consider all
aspects of the original decision and decide whether it should change. An application for internal
review must be:
• made in writing
• made within 30 days of receiving this letter
• sent to the address at the top of the first page of this letter or by email to
xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in the Agency within 30 days
of applying, you can ask the Australian Information Commissioner for a review of the original
FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
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You can lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
• If you are applying online, the application form the 'FOI Review Form' is available at
Information Commissioner Review Application form
• If you have one, you should include with your application a copy of the Agency's
decision on your FOI request
• Include your contact details
• Set out your reasons for objecting to the Agency's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act, There is
no fee for making a complaint. A complaint to the Australian Information Commissioner must
be made in writing. The Australian Information Commissioner's contact details are:
Telephone: 1300 363 992
Website: www.oaic.gov.au
Smart Form: FOI Complaint Form
Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be made
in person, by telephone or in writing. The Commonwealth Ombudsman's contact details are:
Phone: 1300 362 072
Website: www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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